P6 Legal Implications

Legal Implications of Using and Editing Graphic Images

Copyright and Intellectual Property

Copyright – A simple definition of copyright is protecting the originality of a document or image using a legal document. It is to protect the original producers of the piece of work from others who may wish to pass it off as their own. Depending on the terms in the documentation, copyright states the level of access someone has in regard to the use of the document/image. Users must ask the creator for permission to use the piece of work beforehand.

Intellectual Property – This is when original thoughts and ideas have been written down and/or created. They can be copyrighted under laws that prevent other people stealing the creator’s invention. This is so that original creators get the credit they deserve, whilst protecting the originality of the work.

Potential Fines/Prison Sentences

Copyright prosecutions are somewhat rare to see as many infringements are usually done unknowingly. However, for the cases that do end up in court, they usually get referred straight to a Magistrates Court. This is the court where most court cases begin and big cases may get taken from Magistrates to Crown Court. For smaller copyright infringements, the case will stay in Magistrates Court where there is a maximum prison sentence of 6 months and a maximum fine of £5000. For larger cases that get referred to Crown Court, there is a maximum prison sentence of 10 years and an unlimited fine.

How to Gain Permission to Use Images

There are many ways in which to gain permission to use an image. First of all, you can go to government organisations such as The British Association of Picture Libraries and Agencies (BAPLA) that can find out whether certain images are copyrighted. Or you can go to the owner of the image and ask for permission. Then all you need to do is get an official license for the image that confirms that you are allowed to use it.

 

Copyright Scenario

“A famous artist has painted a series of oil paintings from different places in the world. He claims to have been to all the places and uses this in his marketing of the images. After the exhibition it is revealed that the artist didn’t actual go to the places but instead used photos from a website that shows photographers work online. All the photographers work is covered by copyright.

The photographers want some compensation from the artist but he refuses. The photographers take him to court.” 

Compared to the other cases that I looked at, I believe this one is the most serious. The artist has deliberately lied about paintings the previous taken photographs and passed them off as his own for commercial use. He is gaining financial benefit from someone else’s ideas and he is refusing to pay compensation to the original photographers. I believe that the photographers are within their right to take him to court where I think he could be taken to Crown Court where he could face time in prison or he could be issued a heavy fine.

Comment from Classmate: I agree with his opinion as I think that this scenario is a very serious crime compared to the others and the photographer should face a prison sentence for his actions.